Robert Thein, vs. Pacific Gas & Electric Company,

In this case, Robert Thein, an employee of Pacific Gas & Electric Company, sought reconsideration of a workers' compensation administrative law judge's Joint Findings and Award of October 13, 2009, wherein it was found that while employed as a communication tech, Thein did not sustain industrial injury to his psyche on December 21, 1988, during a cumulative period ending on January 24, 1995, or on January 24, 1995. The WCJ also found that the defendant had overpaid temporary disability in the amount of $26,608.03 ($13,304.01 in SFO 384777 and $13,304.02 in SFO 384779) and was entitled to a credit towards its permanent disability indemnity liability

PACIFIC GAS & ELECTRIC COMPANY, ROBERT THEIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT THEIN, Applicant,vs.PACIFIC GAS & ELECTRIC COMPANY, Defendant.Case Nos. ADJ1640281 (SFO 384776)ADJ2108747 (SFO 384777)ADJ4560379 (SFO 384779)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Joint Findings and Award of October 13, 2009, wherein, as relevant to the instant petition for reconsideration, it was found that while employed as a communication tech, applicant did not sustain industrial injury to his psyche on December 21, 1988 (SFO 384776), during a cumulative period ending on January 24, 1995 (SFO 384777), or on January 24, 1995 (SFO 384779). As also relevant to the instant petition, the WCJ found that “defendant did overpay temporary disability in [case SFO 384777] in the amount of $13,304.01,” and that “defendant did overpay temporary disability in [case SFO 384779] in the amount of $13,304.02.” The WCJ gave the defendant a credit in the amount of the overpayments towards defendant’s permanent disability indemnity liability. Previously in this matter, in a Stipulation and Award of July 20, 2009, the parties stipulated and the WCJ ordered as follows:       “The parties agree that case #SF0384776, injury occurring 9/21/88       rates at 28% for a dollar value of $15,470. This injury is subject to       credit for $54,691 in supplemental benefits, pdas as credit in the       civil case. The two cases before the board for trial SF0384777, date       of injury specific 1/24/95 to neck and back and 384779 cumulative       injury to neck to 1/24/95 are resolved by stipulation to a total of       45% pd, each contributing one-half of the pd per AME Conrad, for a       dollar value of $36,498. Credit in SFO 384776 and 384777 will be       $4893.14 for permanent disability advances and $9959.05 in       supplemental benefits pai

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